THE CONSTITUTIONAL RIGHT TO LIFE AND THE DUTY OF THE STATE TO ENSURE SAFE WORKPLACES IN NIGERIA

Abstract

The right to life constitutes the foundation of all fundamental rights under Nigerian law. This article interrogates the constitutional right to life under section 33 of the 1999 Constitution from the prism of ensuring safe workplaces as a way of securing life, in addition to the State's duty to provide and enforce safe and healthy working conditions. Using doctrinal and comparative analysis of primary legal materials including the Constitution, legislation, case law, international treaties, and jurisprudence from Europe and African Human Rights Commission, the study demonstrates that international labour standards and the African Charter support a broadened interpretation imposing positive obligations on the State. The findings reveal that Nigeria's occupational safety and health framework falls short of constitutional expectations due to outdated legislation, weak regulatory institutions, under-reporting of incidents, and exclusion of informal sector workers. The article recommends constitutional interpretation recognizing safe work as integral to the right to life, enactment of the proposed Occupational Safety and Health Bill, establishment of a unified regulatory authority, and extension of protections to informal sector workers.